Legal Opinion

Vernon v. Palmer

New York Court of Appeals

Decided December 15, 1883PublishedCited by 1 opinion

This action was brought against the defendant to recover from him a corporate debt, as a penalty under section 12 of the Laws of 1848. At the close of the plaintiff’s case the defendant moved to dismiss the complainant’s case, which motion was granted, and a judgment entered thereon. An :appeal was thereupon taken by the plaintiff to the general term, .and the order and judgment appealed from were ¡reversed and a new trial ordered.

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This action was brought against the defendant to recover from him a corporate debt, as a penalty under section 12 of the Laws of 1848. At the close of the plaintiff’s case the defendant moved to dismiss the complainant’s case, which motion was granted, and a judgment entered thereon. An :appeal was thereupon taken by the plaintiff to the general term, .and the order and judgment appealed from were ¡reversed and a new trial ordered. Plaintiff thereupon entered an order of the general term and served the same upon the defendant, who appealed to the court of appeals from the order in July, 1882.…

1Opinion of the Court

The Court granted the defendant’s motion, holding: Although the Code provides that an appeal must be taken from the order of reversal, it did not dispense with the necessity of entering á judgment on the decision of the general term; that an appeal from the order of the general term reversing a judgment and granting a new trial is not effectual to review the judgment, unless a judgment of the general term has been entered and made a part of the case; *20that the provision of the Code is that upon an appeal from an order granting a new trial, the judgment of reversal must be reviewed, and thus by…

2Cited by1 opinion

  1. Wingert v. . KrakauerNew York Court of Appeals · 1905

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